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Lady Themis
Lady Themis, Lawyer
Category: Family Law
Satisfied Customers: 7751
Experience:  Divorce, child custody, child support, etc.
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Married daughter in Virginia with 4 yr. old son and a baby

Resolved Question:

Married daughter in Virginia with 4 yr. old son and a baby on the way (due September). Husband is having an affair, is physicially and verbally abusive, and has moved out -- according to him -- but keeps showing back up at their place. We live in Tennessee. Can we "rescue" her and help her start divorce proceedings from Tennessee without breaking Virginia laws and finding ourselves in a bigger legal battle?
Submitted: 5 years ago.
Category: Family Law
Expert:  Lady Themis replied 5 years ago.

Thank you for your question.


As long as there are no custody or divorce proceedings pending or no court orders relative to child custody, your daughter is free to take the child to live with you in Tennessee. However, before she does so she should speak with a local divorce attorney. It may not be advisable from a tactical standpoint to flee with the child(ren), because that may reflect poorly when an ultimate custody determination is made. Of course, the first issue is your daughter's physical safety. A restraining order may be appropriate, and she may be able to get a temporary order for custody as well.


Please let me know if you have any follow-up questions.


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